Sec. 1. 35-A MRSA §302, as enacted by PL 1987, c. 141, Pt. A, §6, is amended to read:

§302. Limitations on rates

The following expenses, whether paid directly or indirectly, through reimbursement or otherwise, incurred by a public utility shall may not be included or incorporated in operating expenses:

1. Contributions to political groups or candidates. Contributions or gifts to political candidates, political parties, political or legislative committees or any committee or organization working to influence referendum petitions or elections.; or

2.__Commercial messages.__Costs associated with the preparation, printing or mailing to customers of commercial messages, as defined in section 703-A.

Sec. 2. 35-A MRSA §703-A is enacted to read:

§703-A.__Commercial messages to customers

This section governs the sending of commercial messages by a public utility to its customers.

1.__Definitions.__For purposes of this section, "commercial messages" means messages sent by a public utility to its customers for the sole purpose of promoting consumption of a regulated product or service.

2.__Costs; notice.__The payment of the costs of preparing, printing and mailing commercial messages is governed by section 302.__A public utility that sends commercial messages to its customers must include with each message the following statement: "All costs associated with this mailing are charged to shareholders or owners and are not paid for by customers."

3.__Annual customer notice.__A public utility may not send commercial messages to a customer unless the public utility has received from the customer written consent applicable to the period during which the commercial message is sent.__A public utility that wishes to send commercial messages to its customers must annually send to all its customers a form that allows customers to provide their written consent to receive commercial messages.__A consent form may provide for consent only through the end of the calendar year following the date the customer signs the form.